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k. Take action no earlier than October 15th of each year to protect the Fishing Pier from damage caused by <br />ice action. This may include moving the fishing pier to a protected location or disconnecting it from <br />shore. The City shall return the Fishing Pier to its original location in a usable condition no later than <br />May 1st of each year. <br />I. Follow Minnesota Department of Natural Resource's ("DNR") Operational Order 113, which requires <br />preventing or limiting the introduction, establishment and spread of invasive species during activities on <br />public waters and DNR-administered lands. Operational Order 113 is incorporated into this Agreement <br />by reference and can be found at <br />https://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder 113.pdf Duties listed are in <br />Operational Order 113 under Sections II and III (p. 5-8). <br />a. The City shall prevent invasive species from entering or spreading within a project site by <br />cleaning equipment and clothing prior to arriving at the project site. <br />b. If equipment or clothing arrives at the project site with soil, aggregate material, mulch, <br />vegetation (including seeds) or animals, it shall be cleaned with tools or equipment furnished by <br />the City (such as brush/broom, compressed air, or pressure washer) at the staging area. <br />c. The City shall dispose of material and debris cleaned from equipment and clothing at an <br />appropriate location. If the material cannot be disposed of onsite, then the material must be <br />secured prior to transport (such as a sealed container, covered truck, or wrap with tarp) and <br />legally dispose of offsite. <br />d. The City shall ensure that all equipment and clothing used for work in public waters has been <br />adequately decontaminated for aquatic invasive species. All equipment and clothing including <br />but not limited to waders, vehicles and boats that are exposed to any public water of the state <br />must be thoroughly cleaned and drained of all water before transport to another location. <br />m. Follow pollinator best management practices and habitat restoration guidelines pursuant to Minn. Stat. <br />§84.973 for all habitat restorations and enhancements conducted on DNR lands and prairie restorations <br />on state lands or on any lands using state funds. Practices and guidelines ensure an appropriate diversity <br />of native species to provide habitat for pollinators through the growing season. <br />n. The City shall fund, establish, protect and maintain native vegetation on the preponderance of the <br />slopes around the perimeter of the pond for the term of this agreement. The native vegetation shall <br />include the littoral areas and specifically, the establishment of shoreline and emergent vegetation <br />complimentary and consistent with sustaining a diverse aquatic food web —and the intent of supporting <br />public access to a viable fishery resource. <br />3_ Funding <br />The State shall provide funding for its responsibilities under Article II of this Agreement through the standard <br />internal purchasing process including, but not limited to a separate requisition in which funds will be <br />encumbered. The total cost of the Fishing Pier structure shall be borne by the State. The cost of the required <br />shoreline footing, accessible sidewalk/pathway and parking area shall be borne by the City. The total obligation <br />of the State for its responsibilities under Article II of this Agreement shall be limited to the amount of funds <br />legislatively appropriated and administratively allocated to this project. No additional funding will be provided, <br />unless agreed upon by all parties and an amendment to this Agreement is completed and executed. <br />Page 3 of 8 <br />